EC tells Supreme Court: Bengal SIR deletions did not change 2026 poll results, opposes TMC's 31-seat fresh-poll plea

The Election Commission of India has told the Supreme Court that voter deletions during West Bengal’s Special Intensive Revision (SIR) did not materially alter the 2026 Assembly poll results, opposing Trinamool Congress MP Derek O’Brien’s plea to declare void the results in 31 constituencies and order fresh polling there (Bar & Bench, News18, ABP News).

In its detailed reply affidavit, the EC contended that O’Brien’s figures “improperly clubbed” judicially adjudicated deletions with routine ASDD removals — absent, shifted, dead and duplicate entries deleted after verification under the SIR order. Once ASDD removals are excluded, adjudicated deletions fell below the losing margin in the sample seats cited: Dinhata (17,274 vs a 17,447 margin), Khargram (4,258 vs 9,333), Bally (11,386 vs 11,997) and Howrah Uttar (11,179 vs 11,250) (Bar & Bench, LawChakra).

The affidavit turned the argument around: in 21 constituencies the TMC itself won, adjudicated deletions exceeded the victory margin — including Sitai (20,213 deletions vs a 2,721 margin), Samserganj (74,775 vs 7,587) and Lalgola (55,420 vs 18,960) — calling the selective use of the margin test “inherently flawed and speculative” (LawChakra, News18, Indian Express).

The EC also argued that under Article 329(b) of the Constitution, elections can only be challenged through election petitions under the Representation of the People Act, not over alleged electoral-roll defects, and noted petitions have already been filed in two of the 31 seats — Pandabeswar and Rajarhat New Town (ABP News, News18). It said O’Brien’s main petition became infructuous after the court upheld the West Bengal SIR exercise on 27 May (Bar & Bench).

The affidavit furnished updated pendency figures: 38,31,429 total appeals against the SIR rolls, of which 37,05,235 remain pending, and proposed raising the number of tribunals from 19 to 42 (Bar & Bench).

No next hearing date has been fixed, and no fresh reaction from the TMC or BJP to the affidavit had surfaced at the time of publication.

Sources

• Bar & Bench — ECI reply affidavit in Derek O’Brien’s 31-seat plea (27 September 2026)
• News18 — EC opposes TMC’s fresh-poll plea (27 September 2026)
• ABP News (via IANS) — EC rejects TMC’s 31-seat re-poll plea (27 September 2026)
• LawChakra — constituency-wise adjudicated deletion figures
• The Telegraph — affidavit verbatim quotes
• LiveLaw — case background
• Indian Express — “inherently flawed and speculative” remark